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Separation of Banks, Mortgage Companies and Title Companies - Jay Duncan/MO
9/16/2007 9:37:06 PM (2724 views)
Re: Separation of Banks, Mortgage Companies and Title Companies - David Robertson/VA
9/25/2007 5:34:42 PM (3567 views)

IS WHAT THIS NOTARY DID LEGAL?? - KATHY NEWTON/NC
9/16/2007 7:34:38 PM (2670 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Jay Duncan/MO
9/16/2007 7:53:28 PM (3757 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Kevin Ahern/CT
9/17/2007 6:37:31 AM (3601 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Ronald Brasier/MI
9/19/2007 9:26:47 AM (3698 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - KELLY ROBERTSON/CA
9/24/2007 7:42:55 AM (5836 views)
Re: IS WHAT THIS NOTARY DID LEGAL?? - Timothy Gatewood/TN
9/26/2007 11:16:49 AM (5317 views)
As a Notary Signing Agent, I make my living in the gray area of being both an impartial witness AND a signing agent for the title company/lender. I have long since decided to "reconcile" this by informing the borrowers that I am there to do 2 things -- and to explain briefly what a Notary does and what a Signing Agent does. This is part of my introductory spiel that I use to move us from chit-chat into the actual signing process and it also gives me the chance to let them know that I am not an attorney and cannot give legal advice or legal opinions, so they should make use of their 3 day right-to-cancel to consult an attorney if they have any legal questions about the transaction.

This is not that different from how I initially became a Notary Public back in the 90s -- I was a legal secretary and my attorney-boss wanted me to be able to notarize docs where he was one of the signers. All the paralegals and most of the legal secretaries at that firm were notaries (as were all but a few of the attorneys) and you could argue that none of us were totally disinterested parties as the firm always represented one side or the other in disputes. However, here in Tennessee, the Legislature has at least partially acknowledged this gray area by specifically stating that additional fees can be charged by the notary if they did additional work on the matter before them - such as drafting the legal document or providing stenographical or other related services.

So, I have always taken the line that what counts is whether I have a direct interest in the transaction. If it does not matter financially or otherwise to me personally, I am able to make the distinction and be impartial. If my only involvement is an employee of one side and I will be paid the same whether the transaction goes through or not, I am disinterested. (This is also reflected in my fees as an NSA -- once I arrive at the home, I expect to be paid the same for a completed signing as for one that crashes and burns, unless I did something to cause it to crash.)

However, I would NEVER notarize for a relative. Most states I have heard about assume that you have a vested interest in any transactions that your relatives make. Whatever your parents, siblings, kids, grandparents, grandkids, or other close relatives do could affect your own finances either now or in the near future, so it is not unreasonable to steer clear of any appearance of being an interested party by having your relatives get their docs notarized by someone outside the family.


Of course, all of this is based on the practise and my understanding of the laws and regs here in Tennessee. Your state may vary from that (and please do not assume that the National Notary Association or any other "national" group can tell you what your state has in the way of laws and regs -- you need to consult an attorney in your state for this legal advice and legal opinions).

-- Tim Gatewood
Traveling Notary Public, Certified Notary Signing Agent & Field Inspector
Notary Memphis
http://notarymemphis.com


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Is your title shop using a trusted notary? - Jay Duncan/MO
9/14/2007 4:49:41 PM (4570 views)
Re: Is your title shop using a trusted notary? - Ron McPherson/IA
9/14/2007 11:02:46 PM (3376 views)

Advantage Equity, Pennsylvania - Wendi See/SC
9/14/2007 3:25:40 PM (2307 views)

Express Financial Services - Loretta Reed/MD
9/14/2007 12:30:22 PM (2913 views)
Re: Express Financial Services - Anita Backlund/MN
9/14/2007 1:10:21 PM (3714 views)
Re: Express Financial Services - Jason Sheppard/PA
9/17/2007 9:59:30 AM (5322 views)
Re: Express Financial Services - marilyn snyder/FL
9/17/2007 12:46:09 PM (3571 views)
Re: Express Financial Services - Loretta Reed/MD
9/17/2007 1:29:14 PM (3623 views)
Re: Express Financial Services - Jason Sheppard/PA
9/17/2007 3:44:04 PM (3604 views)
Re: Express Financial Services - Susan Parker/TN
9/24/2007 10:28:38 AM (3487 views)
Re: Express Financial Services - Loretta Reed/MD
9/24/2007 10:55:11 AM (3613 views)
Re: Express Financial Services - Jason Sheppard/PA
10/1/2007 4:21:16 PM (3565 views)




One Lawyer You Have to Love! - J Nisonger/CA
9/14/2007 11:47:54 AM (2616 views)
Re: One Lawyer You Have to Love! - Constance Foye/VA
9/14/2007 11:57:48 AM (3456 views)
Re: One Lawyer You Have to Love! - Anita Backlund/MN
9/14/2007 12:17:08 PM (3418 views)
Re: One Lawyer You Have to Love! - David Chisolm/MS
9/14/2007 3:28:34 PM (3459 views)
Re: One Lawyer You Have to Love! - Scott Perry/PA
9/14/2007 3:51:13 PM (3454 views)
Re: One Lawyer You Have to Love! - Timothy Gatewood/TN
9/26/2007 11:27:02 AM (5266 views)
Re: One Lawyer You Have to Love! - Ron McPherson/IA
9/14/2007 11:12:33 PM (3360 views)

LSI joins 1st American's Procedures - Anita Backlund/MN
9/13/2007 11:34:40 AM (3142 views)
Re: LSI joins 1st American's Procedures - Robert Franco/OH
9/13/2007 2:16:32 PM (3643 views)
Re: LSI joins 1st American's Procedures - Janis Talbot/SC
9/17/2007 8:57:04 AM (3413 views)
Re: LSI joins 1st American's Procedures - David Chisolm/MS
9/18/2007 8:01:26 PM (3603 views)
Re: LSI joins 1st American's Procedures - Scott Perry/PA
9/18/2007 10:29:16 PM (3534 views)
Re: LSI joins 1st American's Procedures - David Chisolm/MS
9/19/2007 12:19:16 AM (3430 views)
Re: LSI joins 1st American's Procedures - David Chisolm/MS
9/18/2007 8:12:52 PM (3531 views)
Re: LSI joins 1st American's Procedures - David Chisolm/MS
9/18/2007 8:13:51 PM (3438 views)
Re: LSI joins 1st American's Procedures - Lisa Dahlquist/NC
9/20/2007 7:32:57 AM (3531 views)
Re: LSI joins 1st American's Procedures - Wendi See/SC
9/21/2007 11:49:13 AM (3502 views)
Re: LSI joins 1st American's Procedures - Kevin Ahern/CT
9/21/2007 4:11:38 PM (3364 views)
Re: LSI joins 1st American's Procedures - Wendi See/SC
9/21/2007 7:58:10 PM (3476 views)
Re: LSI joins 1st American's Procedures - Paul Richards/UT
9/19/2007 1:19:30 AM (3574 views)

Teaching Offshore Outsource To Title Search - Jill Kissell/IA
9/13/2007 11:23:32 AM (2806 views)
Re: Teaching Offshore Outsource To Title Search - Robert Franco/OH
9/13/2007 2:19:51 PM (3446 views)
Re: Teaching Offshore Outsource To Title Search - James Mohrmann/VA
9/19/2007 10:36:15 AM (3689 views)

Foreclosures - Barbara Bennett/IN
9/12/2007 2:38:36 PM (2760 views)
Re: Foreclosures - Robert Franco/OH
9/12/2007 2:53:57 PM (3450 views)
Re: Foreclosures - Kevin Ahern/CT
9/12/2007 3:36:36 PM (3482 views)
Re: Foreclosures - Robert Franco/OH
9/12/2007 4:05:40 PM (3417 views)
Re: Foreclosures - Janis Talbot/SC
9/17/2007 12:57:58 PM (3356 views)
Re: Foreclosures - Loretta Reed/MD
9/17/2007 1:34:46 PM (3427 views)
Re: Foreclosures - Jay Duncan/MO
9/17/2007 2:49:06 PM (3242 views)
Re: Foreclosures - Loretta Reed/MD
9/17/2007 8:06:26 PM (5175 views)

Unbelievably Unethical!! - Robert Franco/OH
9/12/2007 12:22:46 AM (2998 views)
I wonder how many attorneys ... - Bobbi Shorthouse, Notary Public/CT
9/12/2007 8:18:07 AM (3495 views)
Re: Unbelievably Unethical!! - Jessica Talley/NJ
9/12/2007 11:44:01 AM (4137 views)
Re: Unbelievably Unethical!! - Wanda Steudel/OH
9/12/2007 1:01:32 PM (3437 views)
Re: Unbelievably Unethical!! - Wendi See/SC
9/12/2007 1:20:18 PM (3362 views)
Re: Unbelievably Unethical!! - Robert Franco/OH
9/12/2007 2:19:44 PM (3479 views)
Re: Unbelievably Unethical!! - Patrick Scott/IL
9/12/2007 4:09:18 PM (3410 views)
Re: Unbelievably Unethical!! - Robert Franco/OH
9/12/2007 7:58:46 PM (3372 views)
Re: Unbelievably Unethical!! - george Hubka/MI
9/12/2007 9:28:49 PM (3321 views)

Another Fee reduction - SHARON YAHRAES/ID
9/11/2007 9:17:48 PM (2882 views)
Re: Another Fee reduction - Jessica Talley/NJ
9/11/2007 10:21:46 PM (3457 views)
Re: Another Fee reduction - Kevin Ahern/CT
9/12/2007 6:12:08 AM (3391 views)
Re: Another Fee reduction - Jessica Talley/NJ
9/12/2007 11:35:19 AM (3286 views)
Re: Another Fee reduction - Kevin Ahern/CT
9/12/2007 11:42:51 AM (3333 views)
Re: Another Fee reduction - Jessica Talley/NJ
9/12/2007 11:49:50 AM (3301 views)
Re: Another Fee reduction - Jason Sheppard/PA
9/17/2007 3:52:38 PM (3210 views)
Re: Another Fee reduction - Wendi See/SC
9/12/2007 9:58:02 AM (3363 views)
Re: Another Fee reduction - Loretta Reed/MD
9/12/2007 10:05:10 AM (3315 views)
Re: Another Fee reduction - Jessica Talley/NJ
9/13/2007 8:19:03 PM (3261 views)
Re: Another Fee reduction - David Chisolm/MS
9/11/2007 10:51:40 PM (3327 views)
Re: Another Fee reduction - Wendi See/SC
9/12/2007 10:03:20 AM (3242 views)
Re: Another Fee reduction - Jill Kissell/IA
9/13/2007 11:29:20 AM (3311 views)
Re: Another Fee reduction - Brian Waite/TN
9/17/2007 9:14:56 AM (3178 views)
Re: Another Fee reduction - george Hubka/MI
9/25/2007 3:01:11 AM (3250 views)
Re: Another Fee reduction - Vincent Hanna/VA
9/17/2007 10:19:01 AM (3199 views)
Re: Another Fee reduction - Jean Lurtsema/AK
9/17/2007 11:36:47 AM (3183 views)

Have Agent License what is next? - Christine Sheeler/PA
9/11/2007 6:32:04 PM (3022 views)
Re: Have Agent License what is next? - Jason Sheppard/PA
9/15/2007 10:12:24 AM (3162 views)
Re: Have Agent License what is next? - Christine Sheeler/PA
9/17/2007 10:32:35 AM (3070 views)

September 11, 2001 - Scott Perry/PA
9/11/2007 6:26:51 PM (1940 views)

Back Office In India - Robert Franco/OH
9/11/2007 2:07:57 PM (2649 views)
Re: Back Office In India - Pay Back - Jay Duncan/MO
9/11/2007 3:36:23 PM (3515 views)
Re: Back Office In India - Pay Back - Robert Franco/OH
9/11/2007 3:39:49 PM (3443 views)
Re: Back Office In India - Pay Back - Jessica Talley/NJ
9/11/2007 6:49:40 PM (3465 views)
Re: Back Office In India - Pay Back - Lori Cassidy/CT
9/11/2007 9:39:40 PM (5056 views)

General Liability & E&O Insurance - Lisa /NC
9/10/2007 9:54:04 PM (2518 views)
Re: General Liability & E&O Insurance - Jason Sheppard/PA
10/1/2007 4:35:38 PM (4627 views)


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